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HomeMy WebLinkAbout23-005 - BOA BOARD OF ADJUSTMENT RESOLUTION NO. 2023-005 File No.: VAR-2304-000028 A RESOLUTION APPROVING A VARIANCE FOR CERTAIN PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of Adjustment of St. Lucie County, Florida, based on the testimony and evidence, including, but not limited to the staff report, has made the following determinations: 1. Petition of Avanti Storage for a variance from the provisions of LDC Section 7.05.06.(C.)(2.)(f.)(3.) — Driveway Requirements, for a driveway with left turn movements, on a corner lot, 175 feet from the base building line representing a 175-foot reduction from the required 350 feet for property located at 2835 Hammond Road in the IL (Industrial, Light) Zoning District. 2. On May 24, 2023, this Board held a public hearing on the petition, after publishing a notice of such hearing, installing a sign on the property, and notifying by mail all owners of property within 500 feet of the subject property. 3. After consideration of the testimony presented during the public hearing, including staff comments, exhibits, and the standards of review for granting variances set out in Section 10.01.02, St. Lucie County Land Development Code, the Board of Adjustment has made the following determinations: The requested variance has met the standards of review as set forth in Section 10.01.02, St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan, because: a. The granting of the requested variance arises from conditions that are unique and peculiar to the land as the subject parcel meets the required lot size and dimensional criteria for IL (Industrial, Light) Zoning District but cannot satisfy the minimum 350 feet distance from the base building line to the driveway to allow for left turn movements, the subject parcel abuts a residential zoning district and relocating the driveway further north on the property will result in a smaller buffer between vehicular movements and the adjacent residential properties, and the Fort Pierce Farms Water Control (FPFWC) canal to the south of the subject parcel allows for a great distance between the existing northernmost travel lane in St. Lucie Blvd. and the proposed driveway. Moreover, the only entry to the Property is via Hammond Road and by left turn, unless the vehicles using this Light Industrial site continue by the property into the adjacent residential area and make U-turns, or otherwise turn around to come back to the property for a right turn onto it. b. The granting of the requested variance will not impair or otherwise injure other property or improvements in the area in which the subject property is located. MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY 07/17/2023 08:55:13 AM BOA Resolution No.2023 005 May 24,2023 OR FILE BOOK# 50175217559 PAGE 357-360 Doc Type:RESO Page 1 File No.VAR-2304-000028 RECORDING: $35.50 BOARD OF ADJUSTMENT RESOLUTION NO. 2023-005 File No.: VAR-2304-000028 A RESOLUTION APPROVING A VARIANCE FOR CERTAIN PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of Adjustment of St. Lucie County, Florida, based on the testimony and evidence, including, but not limited to the staff report, has made the following determinations: 1. Petition of Avanti Storage for a variance from the provisions of LDC Section 7.05.06.(C.)(2.)(f.)(3.) — Driveway Requirements, for a driveway with left turn movements, on a corner lot, 175 feet from the base building line representing a 175-foot reduction from the required 350 feet for property located at 2835 Hammond Road in the IL (Industrial, Light) Zoning District. 2. On May 24, 2023, this Board held a public hearing on the petition, after publishing a notice of such hearing, installing a sign on the property, and notifying by mail all owners of property within 500 feet of the subject property. 3. After consideration of the testimony presented during the public hearing, including staff comments, exhibits, and the standards of review for granting variances set out in Section 10.01.02, St. Lucie County Land Development Code, the Board of Adjustment has made the following determinations: The requested variance has met the standards of review as set forth in Section 10.01.02, St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan, because: a. The granting of the requested variance arises from conditions that are unique and peculiar to the land as the subject parcel meets the required lot size and dimensional criteria for IL (Industrial, Light) Zoning District but cannot satisfy the minimum 350 feet distance from the base building line to the driveway to allow for left turn movements, the subject parcel abuts a residential zoning district and relocating the driveway further north on the property will result in a smaller buffer between vehicular movements and the adjacent residential properties, and the Fort Pierce Farms Water Control (FPFWC) canal to the south of the subject parcel allows for a great distance between the existing northernmost travel lane in St. Lucie Blvd. and the proposed driveway. Moreover, the only entry to the Property is via Hammond Road and by left turn, unless the vehicles using this Light Industrial site continue by the property into the adjacent residential area and make U-turns, or otherwise turn around to come back to the property for a right turn onto it. b. The granting of the requested variance will not impair or otherwise injure other property or improvements in the area in which the subject property is located. May 24,2023 BOA Resolution No.2023-005 File No.VAR-2304-000028 Page 1 c. The granting of the requested variance is the minimum necessary that will make reasonable use of the land and building. d. The requested variance meets the general spirit and intent of the St. Lucie County Land Development and the St. Lucie County Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County, Florida: A. The petition of Avanti Storage for a variance from the provisions of LDC Section 7.05.06.(C.)(2.)(f.)(3.) — Driveway Requirements, proposing a driveway with left turn movements, on a corner lot, 175 feet from the base building line representing a 175-foot reduction from the required 350 feet as depicted on the attached Site Plan Exhibit as Exhibit "A", for property described in Paragraph B below, subject to the following condition: 1) Left turn movements shall be restricted to a left-in from Hammond Road into the subject parcel. Left-turn movements from the subject parcel onto Hammond Road are prohibited. B. The property for which the subject variance is sought is described as: Legal: THAT PART OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, LESS THE SOUTH 48 FEET THEREOF, SECTION 30, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, LYING EAST OF THE EASTERLY BOUNDARY LINE OF THE PARCEL OF LAND AS DESCRIBED IN THAT CERTAIN FINAL SUMMARY JUDGMENT QUIETING TITLE RECORDED IN OR BOOK 922, PAGE 554, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. Address: 2835 Hammond Road, Fort Pierce, FL 34946 Parcel Identification Number: 1430-344-0026-000-9 C. Based on the evidence presented, this variance is approved. D. This variance shall expire twelve months from the date of adoption unless a building permit is approved or an extension is granted in accordance with Section 10.01.06, of the St. Lucie County Land Development Code. E. This Order shall become effective upon the date indicated below. An appeal from the Board of Adjustment's action may be processed within thirty (30) days following the rendition of the decision of this order in accordance with Section 10.01.07, of the St. Lucie County Land Development Code. F. This Order shall be recorded in the public records of St. Lucie County. May 24,2023 BOA Resolution No.2023-005 File No.VAR-2304-000028 Page 2 PASSED AND DULY ADOPTED this 24th day of May 2023. BOARD OF ADJUSTMENT ATTES : ST U E 9OUNTY, FLORIDA Secretary Date agistrate IAPPROVED AS TO FORM AND CORRECTNESS: 14. lerk Filing Date 1(4/ Asst. County Attorney May 24,2023 BOA Resolution No.2023-005 File No.VAR-2304-000028 Page 3 Exhibit A ,-, , , iI; t • I q .., , . ii , r I 11 i'l g I 1 I II 1 k------ !,,pg 1 'ij! nna ii63 ..1 - 1Ii - t{ ; 1.. ...:§ ------j I I 6:G ==is G j D 6 4 C l V • I I j I� ' � �� I A� • 'iiiIi11i MUME s . 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